EUPillar Arsenio vs. Bibiana. Ref. JUR\2014\52900

Summary

The matter of the case is a conflict of jurisdiction on the basis of Brussels IIa Regulation provisions and an applicable law dispute on the basis of Hague Maintenance Protocol and Maintenance Regulation (Brusssels III) provisions. Key facts: Divorce case between a Spanish citizen and a woman presumably from Sri Lanka. Both are living in Spain (Barcelona). The couple has a child in common. Court decision: the court decides that Spanish courts are competent to decide on parental responsibility issues (according to arts. 8 and 61 a) of Brussels II a Regulation) and on child maintenance obligations (according to art. 3 b) of Maintenance Regulation). The law applicable on maintenance is the Spanish one (Catalan law) according to art. 3.1 of Hague Maintenance Protocol (2007). The court applies the general rule on applicable law to maintenance obligations that shall be governed by the law of the State of the habitual residence of the creditor. The court also applies the general rules on jurisdiction in matters of parental responsibility over a child who is habitually resident in a Member State at the time the court is seised. Appeal history (not available in the database). Court decision: Juzgado primera instancia 19 Barcelona. Spain. (First instance). Date: 31-07-2012